Appeal

(1) An appeal to the Patent Court lies against the orders of the utility model section and the utility model divisions.
(2) In other respects, the provisions of the Patent Act on appeal proceedings apply accordingly. Where the appeal concerns an order made in cancellation proceedings, section 84(2) of the Patent Act applies accordingly for the decision on the costs of the proceedings.
(3) A board of appeal of the Patent Court decides on appeals against orders of the utility model section and against orders of the utility model divisions. The board decides, on appeals against the rejection of a utility model application, in a composition of two legally qualified members and one technical member, and, on appeals against orders of the utility model divisions on cancellation requests, in a composition of one legally qualified member and two technical members. The second sentence applies accordingly to appeals against decisions on requests for the grant of legal aid. The presiding member must be a legally qualified member. Section 21g(1) and (2) of the Courts Constitution Act applies to the distribution of business within the board of appeal. Section 69(1) of the Patent Act applies to the hearing of appeals against the orders of the utility model section, and section 69(2) of the Patent Act to the hearing of appeals against the orders of the utility model divisions, accordingly.
(4) An appeal on a point of law lies to the Federal Court of Justice against the order of the board of appeal of the Patent Court by which an appeal under paragraph 1 is decided, where the board of appeal has admitted the appeal on a point of law in the order. Section 100(2) and (3) and sections 101 to 109 of the Patent Act apply.